Exoneree Luther Jones Receives Posthumous Award at NCIP Justice for All Dinner

The Northern California Innocence Project recently honored exoneree Luther Jones with the Cookie Ridolfi Freedom Award at the annual NCIP Justice for All Dinner. Jones spent 20 years incarcerated for a crime he did not commit before being exonerated and released in February 2016. Sadly, Jones passed away in December, only 10 months after being freed. According to the program, Jones’ “story of exoneration, release and compensation encapsulates many aspects of the challenges of wrongful conviction and importance of innocence work.” Jones’ son, Ko’fawn, accepted the award on his father’s behalf.

Please take a look at the video below, honoring Jones memory and spreading awareness about his case.

Wicklander-Zulawski Discontinues Reid Method Instruction After More Than 30 Years

World leader in interview and interrogation services  Wicklander-Zulawski and Associates will no longer be teaching the Reid technique. The Company announced it’s decision Monday in press release  citing as a motivating factor the percentage of DNA exonerations since 1989 that have involved false confessions. President and CEO Shane Sturman further explained:

“It’s human nature to deny and defend oneself. Confrontation is not an effective way of getting truthful information,” said WZ President and CEO Shane Sturman, CFI. “Rather than primarily seeking a confession, it’s an important goal for investigators to find the truth ethically through a respectful, non-confrontational approach.” Sturman added, “WZ has dedicated instructional blocks to educate detectives on the causes of false confessions and the risks of utilizing improper interrogation methods. In future classes, WZ will only discuss the Reid Method in effort to highlight potential risks posed in obtaining a false confession, or to illustrate the major advantages of using the WZ Non-Confrontational Method.”

“Because of the possible abuses inherent in the confrontational Reid style, we believe it is time to move away from the practices of the 1970s when it was developed,” Sturman concluded. “While the Reid Method has been successful in solving crimes over the years, there are serious pitfalls and significant risks associated with the incorrect application of the technique. WZ will remain a progressive, evolving organization dedicated to partnering with academics, attorneys, researchers, corporations, and law enforcement agencies around the world to ensure the tools we are teaching are ethical, moral and legally acceptable.”

Click here to read the full press release.

 

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National Registry of Exonerations Releases Two Enlightening Reports

Race and Wrongful Convictions in the United States

The National Registry of Exonerations has provided data-supported evidence of significant racial disparity in criminal justice in its report, Race and Wrongful Convictions in the United States, released today. Known murder exonerations in the United States since 1989 — cases in which a person convicted of murder was officially cleared based on new evidence of innocence — indicate that innocent African-Americans are about seven times more likely to be wrongfully convicted of murder than innocent whites.

In the Registry’s analysis of known exonerations, racial disparities were apparent at many points along the criminal justice process. As examples, blacks convicted of murder are about 50 percent more likely to be innocent than others convicted of murder. Murder convictions resulting in exonerations for blacks were 22 percent more likely to have involved police misconduct than exoneration cases of white murder defendants. Black murder exonerees waited three years longer than white murder exonerees to be released from prison (among those sentenced to death, blacks spent four years longer in prison than white murder exonerees). Continue reading

New Attorney General Jeff Sessions “Tough on Crime”

The newly anointed US Attorney General, Jeff Sessions, in his first major address has proclaimed a policy of “tough on crime” – particularly violent crime.

Here we go again – the “war on drugs” redux. How many prosecutors have been elected running on a “tough on crime” platform? I would say most, if not all.

So how do prosecutors “deliver” on their campaign promise of “tough on crime?” They arrest a lot of people, obtain a lot of indictments, secure a lot of convictions, and send a lot of people to prison. The only problem? A lot of these people may be actually innocent. But they’ve been scooped up into the frenzy of proving that law enforcement is “tough on crime.” People get convicted through intimidating and coercive plea bargains, phony evidence and false testimony, bad forensics, and police and prosecutor misconduct.

Criminal prosecution MUST rest upon the foundations of truth, logic, real evidence, and prosecutorial ethics – not upon hysteria hyped by politicians and the media.

You and see the CNN coverage of Mr. Sessions address here.

Monday’s Quick Clicks…

‘Home and Away’: differential reporting on miscarriages of justice in the UK?

_40085152_justicefigure203Miscarriages of justice (as wrongful convictions are more commonly referred to in the UK) rarely feature in the national media in the UK. This has been noted for many years now. If a case is sufficiently high-profile or has some peculiarity (i.e. involves a footballer or other ‘celebrity’), then it may merit a short piece in a national newspaper. Most will only make a paragraph or two in a regional newspaper if lucky supporters can provoke the interest of a local journalist. The overwhelming majority get no media coverage at all. This is not because of a lack of miscarriages of justice (our Criminal Court of Appeal is as over-run with work as ever, as is our Criminal Cases Review Commission), but a perceived lack of public interest. Perhaps domestic miscarriages lack the ‘drama’ of an exoneration in the US (we lack the ridiculously lengthy sentences for a start). The contrast is becoming increasingly stark, with ‘Making a Murderer’ lawyers ‘on tour’ in the UK speaking to rapturous crowds, while campaigners for domestic cases struggle to be heard. In just one example: a leading national newspaper this week has a major splash on an exoneration in the US, that has a small ‘home’ angle that can be exploited:

“Innocent man jailed for 24 years after being framed over British tourist’s murder in New Orleans is freed by two lawyers who exposed a jaw-dropping fit-up that shames the US legal system.”

Yet look at the coverage of a shocking (but all too common) miscarriage of justice in the UK – a story in a local paper: Exclusive: Sheffield milkshake shop owner’s three-year nightmare in fight to clear name over child sex attack

While clearly anecdotal, yet again today I have had to correct a law student who is interested in studing miscarriages of justice after watching US TV shows, who thought that they were an “American thing”. Students seem astonished when I point out that we have our own miscarriages of justice they could study. Perhaps the media could play their part in actually reporting on ‘home’ miscarriages of justice rather than just seeking those instances we can revel in shaming the US for ‘away’ cases.

Serious concerns about forensic science standards in the UK.

banner_scientist2In England and Wales, since the closure of the Forensic Science Service, forensic testing has been undertaken by a number of private companies. At the time of the privatisation, many warned that introducing a profit-motive into forensic science could have perverse outcomes. Many were concerned about falling standards and ‘bargain basement’ outfits doing shoddy work. Some of these concerns look to have been justified, with news this week that two men have been arrested after the discovery that they have manipulated alcohol/ drug test results used in both the criminal and family courts. The media have reported that almost 500 cases are being reviewed to see if an injustice has occurred. Already, there is one reported instance of a case being dropped because the results of the drug tests cannot be relied upon (First case dropped since forensic science blunders as CPS says it cannot proceed)

While the news of the arrests and falsified rest results have received wide coverage, (see here…. and here… and here…) it comes hot on the heels of a critical report by the Forensic Regulator that iterates that “standards may be at significant risk” (see here. ). The 2016 Annual Report details major failings in the previous year, and warns of the financial pressures that are putting forensic quality at risk, with many police forces still not fully signed-up to minimum standards. Read the report here….    The press release stated that: A lack of funding to improve forensic science is jeopardising the integrity of the criminal justice system. Read the press release here….

With financial pressures on companies, and pressures on workers within those companies to ‘perform’, the risks to forensic science integrity in the UK is obvious. However, it is not limited to the UK and also encompasses all forensic evidence – as concerns grow about the quality of digital forensics in the US as just one example: Bargain Basement Digital Forensics Examiners – Too Good to be True.

The lesson – one that those dealing with wrongful convictions have known for years – is that forensic science cannot be done ‘on the cheap’, and attempting to do so puts the entire legal system in jeopardy.

Mystery and thriller writers tell the stories of the wrongfully convicted in new book

From The ABA Journal

They’ve confessed to murders they didn’t commit, were mistakenly identified by unreliable witnesses, and have been convicted on phony evidence and false testimony. Many endured decades in prison before the truth would set them free.

Every one of the wrongfully convicted has a compelling story, and a group of top-notch mystery and thriller writers was recruited to help tell some of those tales in a new book, Anatomy of Innocence: Testimonies of the Wrongfully Convicted.

The book was developed by author and Loyola University Chicago law professor Laura Caldwell and Los Angeles author and tax attorney Leslie Klinger. They wanted to illuminate the fear, the frustration and, ultimately, the faith that these people experienced before they were eventually exonerated.

“They’re just heart-wrenching, every one of these stories,” Klinger says. “It’s amazing to see the strength of these survivors.”

“It shows that it can happen to anyone,” Caldwell adds.

Caldwell, author of the Izzy McNeil mystery novel series, also is the founder of Life After Innocence, a Loyola law school course that helps exonerees navigate through some of the legal and social challenges they face after release. A portion of the book proceeds will benefit the program. Klinger is the editor of The New Annotated Sherlock Holmes, among other books.

Caldwell and Klinger came up with the idea for the book while chatting at a mystery writers’ conference. Because each wrongful conviction story was long and often convoluted, they decided to ask writers to cover different phases of the experiences, from arrest to exoneration to readjusting to life after prison.

“We thought: Let’s have these masters of storytelling, who already have a deep understanding of criminal procedure and know how to drive a plot, and give them a snapshot of the story to cover and write about,” Caldwell says.

Caldwell and Klinger ran the idea by some of their mystery-writing colleagues. “When we explained the project, people jumped on board,” Klinger says. “No arm-twisting was necessary.”

The resulting stories are chilling and heartbreaking. They evoke the feeling of helplessness that many of the wrongly convicted experienced while also celebrating persistence and endurance. In the opening chapter, S.J. Rozan tells the story of California law student Gloria Killian, who thought she was being helpful by talking to detectives about an acquaintance’s murder and wound up charged and jailed for the crime.

At the end of the book, Caldwell writes about how Illinois exoneree Juan Rivera, who served about 20 years for a murder and rape he did not commit, savors being the father of a baby girl and watching the sun rise each morning.

Lee Child is among the big-name authors. He writes about Kirk Bloodsworth, the first person exonerated based on DNA evidence. Child was a natural choice to chronicle Bloodsworth because a fictional character from Child’s books, Jack Reacher, comes from a military background like Bloodsworth does, Caldwell says.

Chicago novelist Sara Paretsky writes about David Bates, who was 18 when police picked him up on suspicion of murder, handcuffed him to a wall and put a typewriter cover over his head. Bates confessed out of desperation, hoping to straighten it all out later. It was 11 years before he was exonerated. “The powerlessness he felt at his torturers’ hands sweeps through his body, paralyzing him,” Paretsky writes.

The book also includes a never-before-published essay by playwright Arthur Miller, who had taken up the cause of a wrongfully convicted man from Connecticut named Peter Reilly. At 18, Reilly confessed under pressure to murdering his mother in 1973.

All these stories shed light on the unthinkable—going to prison for a crime you didn’t commit.

“We are not trying to indict the American justice system,” Klinger says. “This is a human system. I hope this will bring it more attention.”


This article originally appeared in the March 2017 issue of the ABA Journal with this headline: “Tales of Innocence: Mystery and thriller writers tell the stories of the wrongfully convicted.”

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Precedent-setting hair case drags on

Today marks one year of freedom for George D. Perrot, who served 30 years in prison before his conviction was overturned in a nationally significant case involving flawed FBI forensics and one strand of hair. But Perrot continues to feel “tortured” by Massachusetts prosecutors, who are dragging their feet on an appeal of the decision that set him free. The Schuster Institute for Investigative Journalism updates the case here.

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America’s Guilty Plea Problem Under Scrutiny

Innocence Organizations Launch Awareness Campaign Highlighting Broken Criminal Justice System that Pressures Innocent People to Plead Guilty

FOR IMMEDIATE RELEASE:

Contact:  Paul Cates, 212-364-5346, pcates@innocenceproject.org  

(New York, NY– January 23, 2017) – The Innocence Project and members of the Innocence Network today launched a public education campaign, GuiltyPleaProblem.org, to aim a spotlight on the problem of innocent people pleading guilty to crimes they didn’t commit.

After rising steadily over the past two decades, today 95 percent of criminal cases are resolved by a guilty plea. As GuiltyPleaProblem.org painfully illustrates, innocent people who are trapped in the system face enormous pressures to plead guilty to crimes they didn’t commit. A criminal justice system that routinely forces innocent people to plead guilty is unfair and unjust, and, ultimately, violates the principles intended by the Sixth Amendment.

“While it is impossible to know the full extent of the problem, the fact that more than 10 percent of the 349 people who were proven innocent by DNA testing had initially pleaded guilty to crimes they did not commit tells us that there is a problem and it is extensive,” said Maddy deLone, executive director of the Innocence Project, which is affiliated with Cardozo School of Law. “The system pressures people to make choices that are irrational and against their interest. As we arrest and prosecute more people, it becomes even less possible to ensure that the innocent can resist these pressures to plead. From the first moment a person is charged, all actors in the system—defense lawyers, prosecutors and judges—have an interest in a speedy resolution. While fixing this problem won’t be easy, we must find ways to lessen these pressures so that innocent people are not denied their Constitutional rights to a trial.”  

According to Innocence Project data, 11 percent of the 349 DNA exonerations involved people who pleaded guilty to crimes they didn’t commit. The National Registry of Exonerations shows that 345 people have been exonerated who pleaded guilty to crimes they didn’t commit throughout the United States.  These represent the lucky few who pleaded guilty (in most cases to serious felonies) and were able to get their convictions reversed, which is especially difficult when a plea has been entered. There is no reliable data on the number of innocent people who pleaded guilty to misdemeanors, which makes up a much larger percentage of criminal convictions yet result in significant collateral consequences.   

At GuiltyPleaProblem.org, viewers will have the opportunity to watch first-person videos of four exonerees who accepted plea deals and served significant jail sentences despite being innocent.

  • Chris Ochoa: Ochoa pleaded guilty to a 1988 murder in order to avoid the death penalty and was sentenced to life. He was exonerated in 2002 after spending 13 years in prison for a crime he didn’t commit.
  • JoAnn Taylor: Taylor pleaded guilty to second degree murder to avoid the death penalty and was sentenced to 40 years in prison. She was exonerated in 2009 after spending 19 years in prison for a crime she didn’t commit.
  • Brian Banks: Banks pleaded guilty to sexual assault to avoid a 41-year prison sentence. He was eventually exonerated in 2012 with the help of the California Innocence Project.
  • Rodney Roberts: Roberts pleaded guilty to second degree kidnapping and spent 18 years in detention before being exonerated through DNA evidence.

In addition to these stories, the website features an interview with U.S. District Court Judge Jed Rakoff who discusses some of the reasons for the rise in the percentage of cases that end in guilty pleas and how this undermines the justice system. TV star and criminal justice advocate Hill Harper is featured in a short public service announcement encouraging people to get involved and find solutions to this pressing problem.  

According to the Innocence Project and members of the Innocence Network, the stories of these four innocent people are powerful reminders of the profound injustices that remain endemic to our criminal justice system. Yet, the organizations note, that there are no easy solutions for reversing the practice of guilty pleas. Today’s launch is the first of a multi-year campaign. Over the coming months, visitors will hear from experts on possible solutions to the problem.

“If every person accused of a crime demanded a trial, the system would be overwhelmed in a matter of hours,” added deLone. “While the plea system has a role to play in making the system run efficiently, we have come to rely on pleas to our detriment. The first step in correcting this profound injustice is to demonstrate the all too real harms that have resulted—and raise awareness that there is a problem to be solved.”

Visitors are encouraged to sign-up for updates on how they can become involved in fixing America’s guilty plea problem.

Monday’s Quick Clicks…